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EAT ruling means better protection for striking staff Published: 09 Jun 2021 Employers that take disciplinary action or otherwise penalise employees who have taken part in union-organised workplace disputes risk exposing themselves to tribunal claims, an employment tribunal review has concluded. Last week (3 June), the Employment Appeal Tribunal (EAT) ruled on the case of Mrs F Mercer versus Alternative Future Group (AFG), essentially agreeing with the original tribunal, but highlighting that there was a conflict between Section 146 of the Trade Union and Labour Relations Act and Article 11, European Convention on Human Rights (ECHR). Mercer is an active support worker at the health and social care charity AFG. ....